The URL can be used to link to this page

Browse Search

Home My WebLink About20151644.tiff RESOLUTION RE: APPROVE AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 19 AND AUTHORIZE CHAIR TO SIGN - BINDER FAMILY FARMS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for the Purchase of Temporary Construction Easement for Certain Improvements to County Road 19, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works and Binder Family Farms, 9783 CR 46.5, Milliken, CO 80543, commencing January 1, 2015, and ending January 1, 2016, or the completion r with further term s and conditions being as stated in said of said project, whichever is earlier, easement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for the Purchase of Temporary Construction Easement for Certain Improvements to County Road 19, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Binder Family Farms, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2015-1644 EG0072 CC' CtJ izw>u/a.„ AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO CR 19 - BINDER FAMILY FARMS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of June, A.D., 2015, nunc pro tunc January 1, 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL ADO ATTEST: C �� { fic ovi GG// arbara Kirkmeyer, hair Weld County Clerk to the Board • Mike Freeman, Pro-Tem BY: QO a•? DeAkity Clerk to the and Sean P. Conway IE ILz APPROVED AS TO FORM: 1861 4;2 ie A. Cozad County Attorney �►`Ii \ .teve Moreno Date of signature: (1/025J 2015-1644 EO0072 RECEIVED 1 � 1 ddr k1AI /015 j1�[IT -- MEMORANDUM CWELD OMMISSIONERS V _G pU_ N?1t- TO: Clerk to the Board DATE: May 12, 2015 FROM: Richard White, Public Works Department SUBJECT: BOCC Agenda Item RE: Thompson River Corridor Flood Recovery Projects — Agreement for Purchase of Temporary Construction Easement with Binder Family Farms, WCR 19 Enclosures RECEIVED WELD COUNTY COMMISSIONERS M:AFrancieAAGENDA memos\Richard White-I I.doe.e 2015-1644 BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST RE: Thompson River Corridor Flood Recovery Projects—Temporary Construction Easements DEPARTMENT: PUBLIC WORKS DATE: 5/5/2015 Brief description of the problem/issue: Public Works has been working with an Engineering Consulting Firm(BHT) to put together plans and bid documents for Permanent Repairs (PR) at the remaining five FEMA sites along the Big& Little Thompson River Corridors. The Little Thompson River sites are Bridges 3/42A, 5/42A& 19/46.5A and the Big Thompson River sites are Bridge 13/54A& CR 15.5/52. Part of the consultants work includes acquiring Temporary Construction Easements (TCE's) from the owners of properties adjacent to the five flood recovery sites. There are a total of eleven}.H$TCE's needed for this flood recovery project. All of the TCE's have been signed and are ready for BOCC approval. The associated cost of each of the TCE's is $500.00 each. Upon BOCC approval, Public Works will begin mailing the checks to the following property owners: -- Elaa ,thr-Dec'n der tot=tirncney property adjacent to the CR 1 5 SL57 cite • Barbara Schaal,property adjacent to the bridge 3/42A& bridge 5/42A sites. • Max Schaal, property adjacent to the bridge 3/42A site. • Binder Family Farms, 2 properties adjacent to the bridge 19/46.5A site. • Mountain Property LLC, 2 properties adjacent to the bridge 5/42A site. • Gene Pizzato, property adjacent to the bridge 3/42A site. • Miriam& Steven Smith, property adjacent to the bridge 5/42A site. No TCE's are needed for the bridge 13/54A site because the County has already acquired sufficient additional ROW at this site for the work to be done. Bid documents for permanent repairs of the remaining five FEMA sites have been posted on the Rocky Mountain Procurement site. Bids are due May 7th, 2015. The County will hire a contractor to return these sites to pre-flood conditions. We would like to process the TCE's at this time so that the property owners will receive their checks just prior to the beginning of the construction. The cost of the TCE's, as well as design and construction costs, are eligible for reimbursement to WC from FEMA. What options exist for the Board: 1) The Board agrees to put the TCE's on the agenda for authorization, or 2) Ask staff to schedule a work session with the BOCC for further discussion. Approve Schedule Recommendation Work Session Comments Barbara Kirkmeyer, Chair C Mike Freeman 1n Sean P. Conway Steve Moreno --� Julie Cozad AGREEMENT FOR THE PURCHASE OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 19, BETWEEN BINDER FAMILY FARMS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this /� day of ,201.E ,by and between Binder Family Farms, whose address is 9783 County Road 46. illiken, Colorado 80543 hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners, whose address is 1150"O" Street, Greeley, Colorado 80631 hereinafter referred to as"County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit"A"(hereinafter referred to as"Temporary Construction Easement", and WHEREAS,County finds it necessary to rebuild and improve Weld County Road 19,which will involve said road's realignment and construction,(hereinafter referred to as"Road Improvement Project"),and WHEREAS,County will need said Temporary Construction Easement in order to construct, store or repair,which is required in conjunction with the Road Improvement Project, and WIIEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE,the parties herein agree as follows: OWNER'S RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit"A"(a copy of which is attached hereto and made a part hereof by this reference), for the sum of Five Hundred and no/100 Dollars, ($500.00). The parties acknowledge and agree that said purchase price represents full,fair and valuable consideration. 2. Owner warrants that he/she/it is the owner of the Temporary Construction Easement and will defend title thereto against all claims. 3. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 4. This Temporary Construction Easement shall commence on January1,2015, and shall expire and be of no further force or effect on January 1,2016,or upon the Agra for Purchase of Temp Easement-Possession Following Payment Page 1 02i0/6— /6iLT completion of the Road Improvement Project, whichever is earlier. 5. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit A which may interfere with County's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's temporary reasonable and proper use of said easement. 6. Owner shall retain the mineral estate associated with the Temporary Construction Easement interests, and shall also retain any water rights currently attached to or associated with the Temporary Construction Easement. 7. This Agreement shall serve as complete evidence of the terms contained herein and the parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to County. 8. Owner shall pay any encumbrance associated with the Temporary Construction Easement which is required to be paid, including, but not limited to,property taxes and any past due property taxes, and interest and penalties thereon. Furthermore, Owner is solely responsible for the payment of any amounts which may be owed to a third party holding a security interest in the Temporary Construction Easement. COUNTY'S RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Temporary Construction Easement. 2. County shall pay Owner for the Temporary Construction Easement by County warrant within ten (10) days of County's execution of this Agreement. 3. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit A to a level comparable to its original condition. Agmt for Purchase of Temp Easement-Possession Following Payment Page 2 MISCELLANEOUS: 1. Following the payment by County to Owner for this transfer,it is expressly agreed by the parties hereto that County, its contractors, agents, employees and all others deemed necessary by County shall have the temporary irrevocable right to possess and use the Temporary Construction Easement for the purposes of constructing the Road Improvement Project and Bridge EM-BR19-46.5 East, and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land for the construction,operation,access,repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon such Temporary Construction Easement as may be useful and necessary. 2. This Agreement and the transfer of the Temporary Construction Easement made pursuant to the terms herein,shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 3. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental hmnunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 5. The parties hereby agree that neither has made nor authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein. This Agreement embodies all agreements between the parties hereto and there are no oral or written promises, terms, conditions, or obligations referring to the subject matter addressed herein other than as contained in this Agreement which shall be binding on either party, or its agents or employees. 6. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. Agmt for Purchase of Temp Easement-Possession Following Payment Page 3 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Binder Family Farms BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: £titidj 4-k 69t - ,tom desire , C� r o L Barbara Kir meyer /Chair JUN 0 $ 2015 Weld .up Clerk to the r oarrdd "NN ELL BY Deputy C k to the Board I e2� Agmt for Purchase of Temp Easement-Possession Following Payment Page 4 IN WITNESS WHEREOF, Weld County and have caused this agreement to be executed this p?p day of /Ylp,, of , 2015. APPROVED AS TO SUBSTANCE: `J Elc d f cial or Department Head PC Director of General Services APPROVED AS TO FUNDING: Controller Jl AP V Cou ttorney M:AAGREEMENTS\SIGNATURE BLOCKS-SEPARATE PAGE&C IAIR ONLY\ScparatcStat7Pagc-SignatureB lock_docx TEMPORARY CONSTRUCTION EASEMENT EM-BR 19-46.5 EAST EXHIBIT I _A._ SHEET 1 OF 2 PARCEL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SAID SECTION; THENCE, NORTH, ALONG THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF OF SAID SECTION, 626,80 FEET, DISTANT SOUTH 2,005.52 FEET FROM THE NORTHWEST CORNER OF SAID SECTION, ALSO BEING THE POINT OF BEGINNING; THENCE, NORTH, CONTINUING ALONG SAID WEST LINE 150.00 FEET; THENCE, ON A DEFLECTION ANGLE TO THE RIGHT 90 DEGREES 25.00 FEET; THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE RIGHT 150.00 FEET; THENCE, ON A DEFLECTION ANGLE OF 90 DEGREES TO THE RIGHT 25.00 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS 3,750 SQUARE FEET, 0.09 ACRES (MORE OR LESS). NOTE: 0.05 ACRES+/-OF THE DESCRIBED PARCEL LIES NORTH OF THE APPROXIMATE PROPERTY LINE AS SHOWN HEREON. THAT PORTION OF LAND BEING OWNED BY BINDER FAMILY FARMS. 0.04 ACRES 4-/-OF THE DESCRIBED PARCEL LIES SOUTH OF THE APPROXIMATE PROPERTY LINE AS SHOWN HEREON. THAT PORTION OF LAND B .. � ED BY BINDER FAMILY FARMS LLC. •I, • IfQ r- If 2'dt r 0 c 3:� 1 of a WILLIAM R. LYON, P.L.S.38410 4 s • //� i FOR AND ON BEHALF OF BOHANNAN-HUSTON INC. 1 N• ��'' ��% PROJ.20140320 ��t�\`ANDS TEMP, CONSTRUCTION BohannanAHustonEASEMENT Meridian One 9785 Maroon Circle,Suite 140 Englewood,CO 80112(303)799-5103 A PARCEL OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 10, ENGINEERING • SPATIAL DATA • ADVANCED TECHNOLOGIES T4N, R67W, 6TH P.M., COUNTY OF WELD, The MATERIAL ASM AND ANY CIAiiO ELECTRONIC DATA WAS PR3i NED NY BLOWN HUSTON,MC.FDR THE PROJECT STATE OF COLORADO TNOI:ATED.ANT REUSE ON MODIFICATION WITHOUT THE MUTER=MT OF WOMAN WJSTON,U T.SNAIL BE AT THE SOLE RISK OF THE USER. 1 THMPORARY CONSTRUCTION HAS N;MENT N,XHI HIT EM-BR 19-46.5 EAST SHEET 2 OF 2 NORTHWEST CORNER SECTION 10 N in 1-5 0 0 .0 N o a1 25.00' 1 0l QI } gp 9o' _ 0.05 ACRES+/-NORTH z u OF PROPERTY LINE O 5 U o I - � I TEMPORARY CV Vn` CONSTRUCTION QYppt�CC EASEMENT py,��LpZE 0= CHANGE IN COURSE PARCEL PeF AND/OR DISTANCE o CONTAINS (NO MONUMENT �:— 3,7505Q,FT. Fn 0.09 ACRES RECOVERED OR SET) �I (MORE OR LESS) 0 419 /\'' c 9, PQ- ¢ O =�o o c„ \.A. 17,it c, Le Cj o c�`yhN'��o O OO<&GF �� i ______ 0.04 ACRES+1-SOUTH a OF PR�`-`r`INE o I I , .II (��,.�% ll �, \P1+'1 ' a 'o( S SCALE 1"=30' S I •0 90 Ili .•�V4 i/ o 11 25.00' 0 . ft gss,• ^,• 1 : , 0 It it co 1c. ,`` ' 'AEI HIS EXHIBIT DOES NOT REPRESENT � ` �...". A MONUMENTED LAND SURVEY,IT WEST QUARTER CORNER IS INTENDED ONLY TO DEPICT THE SECTION 10 ATTACHED DESCRIPTION. P.O.C. Bohannan: Huston TEMP. CONSTRUCTION Meridian One 9785 Maroon Circle,Suite 140 EASEMENT Englewood,CO 80112(303)799-5103 A PARCEL OF LAND SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 10, ENGINEERING A SPATIAL DATA • ADVANCED TECHNOLOGIES T4N, R67W, 6TH P.M., COUNTY OF WELD, TX,YA�IAI AIM MT ASsxJTTE ELECTRONIC DATA WAS REFAW,St BOANIIM 55101011.50.FOR CNE PROJECT STA E OF COLORADO MIMED.Mt REEVE OP YOoi,IGNON WIISOOT Tn'E SASSIER RNSFMT CT°MANNA4 EUSTON,INC.SOULL SE or WE 4'S ' RISK OF ME USER. . Hello